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MKJA, INC. v. 123 FIT FRANCHISING, LLC

No. D055967.

191 Cal.App.4th 643 (2011)

MKJA, INC., et al., Plaintiffs and Respondents, v. 123 FIT FRANCHISING, LLC, et al., Defendants and Appellants.

Court of Appeal of California, Fourth District, Division One.

January 4, 2011.

Attorney(s) appearing for the Case

Snell & Wilmer, Christopher Brent Pinzon , Todd E. Lundell , Elizabeth M. Weldon and Scott C. Sandberg for Defendants and Appellants Joe Ochoa , Raymond Scott Goshon , Neelima Shukla , Brooksy L. Smith , Richard Schaden and 123 Fit Franchising, LLC.

Wilson, Elser, Moskowitz, Edelman & Dicker, Marc Victor Allaria , James Stankowski and Robert Cooper for Defendants and Appellants Mike Severy and Dale Stopp .

Law Offices of Alexander M. Schack, Alexander M. Schack , Geoffrey J. Spreter and Amanda R. Moreno for Plaintiffs and Respondents.

OPINION

AARON, J.—

I.

INTRODUCTION

Code of Civil Procedure section 1281.41 requires that a court impose a stay of litigation whenever that court, or another court, has ordered arbitration of a controversy that is an issue in the litigation. The court in which the litigation is pending is required to "stay the action or proceeding until an arbitration is had in accordance with the order...

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